Have not been paid

[MsShauna]

What is the name of your state (only U.S. law)? Georgia

In November of last year I started working for a child's funland. I worked from November 13-December 28. When I started working there I understood I would do a week in the hole but then the other employees started complaining about not getting paid and their payroll checks bouncing. Even ex employees started coming up to the business and acting up because they were never paid.

The owner explained that it was the economy and he was spending more keeping the business afloat than he was making. I worked a total of 160 hours at $8. After the second pay period came around and I had not been paid I left the job. He gave me 1 check for $150 saying it was to "help me out." I have emailed him and called him trying to get the rest of the money owed to me and he keeps dodging my calls.

I called the Department of Labor and they said they had to speak with him on the phone first before they could initiate a claim. He will not answer anyone's calls, emails, or letters. What else can I do? If I sue him in small claims can I recoup the money it takes for me to drive the 4 hours and sue him because I have to do it in the county he lives or the business was located?

 

[pattytx]

Maybe.

But that "speaking to him on the phone first" is, I think, I bunch of hooey. If you can't reach him, you can't reach him. Try sending a certified, return receipt requested letter. "If I do not receive my back pay for XX hours by XX date (say 7 days), I will have to no choice but to file a claim with the federal Dept. of Labor for unpaid wages".

Maybe that will shake the payment loose.

I just don't know why you waited so long.

 

[MsShauna]

I just don't know why you waited so long.[/QUOTE]

Thank you I was thinking of doing just that. I even started writing the letter. I waited so long because I had been emailing him and his wife copied me on an email asking me to handle it for me. Also, his daughter was in the hospital for a long time. I guess you can say I'm too sympathetic. I genuinely felt sorry for the guy. He would tell me how he was trying but this economy has him hurting but then after so long he stopped replying to the emails and I saw he just was not going to attempt to pay. I mean if he would have just said "Hey I cannot pay you all at once but I will make some payments to you" I would have been ok with that knowing he was trying.

 

[swalsh411]

Allowing people to work for you knowing full well you will not be able to pay them is despicable. I wouldn't have an ounce of sympathy for him. His daughter being sick is karma.

 

[pattytx]

His daughter being sick is karma.

Oh, puh-leeze.

My prior advice stands.

 

[MsShauna]

Thank you! My mother complains about me being overcompassionated and allowing people to walk over me. I have written the request and enveloped it now on my lunch break I will go to the post office and have it sent certified mail. I have also got the documents for me to file a suit in court.

I really appreciate all your advice and I will let you know what comes of it.

 

[pattytx]

Good luck!

 

[swalsh411]

You wouldn't sue him in court; you would file an unpaid wages claim. You do have something to document your pay rate and to backup the hours you worked right? (like a timesheet).

 

[MsShauna]

I called the Department of Labor Wage Division and was told that if they could not make contact with him via phone I would have to sue him in Magistrate Court of the county where the business was located. I just called her back asking if I needed a case number and she was said no and told me the above.

Yes I have email documentation from the day he asked me to come in for an interview, the day he hired me, emails letting him know I couldnt clock in and to fix the hours worked, etc. (Gotta love the iphone and people who conduct business from them)

 

[pattytx]

You wouldn't sue him in court; you would file an unpaid wages claim. You do have something to document your pay rate and to backup the hours you worked right? (like a timesheet).

Wrong. The employee always has the option to sue in lieu of filing a wage claim. Especially in Georgia and other state where the state DOL does not enforce wage and hour laws.